Supreme Court Report

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Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Applicant v. Edward Lee Busby

Application · United States Court of Appeals for the Fifth Circuit, No. 26-70004; 26-10354


Application granted · May 14, 2026

Counsel of record

For petitioner
Jefferson David Clendenin
Office of the Attorney General of Texas

For respondent
David R. Dow

Case

Conference history

Argument & decision

Decided May 14, 2026.

Proceedings

  1. May 14 2026
    Application (25A1235) referred to the Court.
  2. May 14 2026
    Application (25A1235) to vacate stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is granted. The May 8, 2026 order of the United States Court of Appeals for the Fifth Circuit, case Nos. 26-70004 and 26-10354, granting a stay of execution is vacated. Justice Kagan would deny the application to vacate the stay of execution. Justice Jackson, with whom Justice Sotomayor joins, dissenting from the grant of application to vacate stay. (Detached Opinion)
  3. May 13 2026
    Response to application from respondent Edward Busby filed.
  4. May 13 2026
    Reply of applicant Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed.
  5. May 11 2026
    Application (25A1235) to vacate stay of execution of sentence of death, submitted to Justice Alito.